SB 600
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 600 (Senator Smith)
Judicial Proceedings Judiciary
Maryland Police Accountability Act of 2021 - Surplus Military Equipment and
Investigation of Deaths Caused by Police Officers
This bill establishes an independent investigative unit within the Office of the Attorney
General (OAG) to investigate all alleged or potential police-involved deaths of civilians.
A law enforcement agency must notify the independent investigative unit of any alleged or
potential police–involved death of a civilian as soon as the agency becomes aware of the
incident and cooperate with the unit in connection with the investigation. The Governor
must annually include funding in the State budget sufficient to provide for the full and
proper operation of the unit. Funds provided in accordance with this requirement must
supplement and may not supplant any other funding provided to the unit. The bill also
prohibits a law enforcement agency from receiving specified equipment from a surplus
program operated by the federal government.
Fiscal Summary
State Effect: General fund expenditures increase by a minimum of $968,700 in FY 2022.
Future years reflect annualization and minimum ongoing costs, as discussed below.
Revenues are not affected.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 968,700 1,174,700 1,212,200 1,254,600 1,298,400
Net Effect ($968,700) ($1,174,700) ($1,212,200) ($1,254,600) ($1,298,400)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not anticipated to materially affect local government operations
or finances.
Small Business Effect: None.
 Analysis
Bill Summary: In addition to investigating all alleged or potential police-involved deaths
of civilians, the independent investigative unit may investigate any other crimes related to
police misconduct that are discovered during such investigations. In conducting
investigations, the unit may act with the full powers, rights, privileges, and duties of a
State’s Attorney, including the use of a grand jury in any county. To investigate and assist
with the investigation of alleged criminal offenses committed by police officers, the
independent unit may (1) detail one or more police officers employed by the Department
of State Police (DSP) and (2) employ other civilian personnel as needed.
Within 15 days after completing an investigation, the unit must transmit a report containing
detailed investigative findings to the State’s Attorney of the county that has jurisdiction to
prosecute the matter. Except as otherwise provided by law, the report must remain
confidential through adjudication of any associated criminal case at the trial court level.
The bill also prohibits a law enforcement agency from receiving the following equipment
from a surplus program operated by the federal government: (1) a weaponized aircraft,
drone, or vehicle; (2) a “destructive device”; (3) a “firearm silencer”; or (4) a grenade
launcher.
Current Law:
Selected Definitions
The Criminal Law Article defines “destructive device” as explosive material, incendiary
material, or toxic material that is (1) combined with a delivery or detonating apparatus so
as to be capable of inflicting injury to persons or damage to property or (2) deliberately
modified, containerized, or otherwise equipped with a special delivery, activation, or
detonation component that gives the material destructive characteristics of a military
ordinance. “Destructive device” includes a bomb, grenade, mine, shell, missile,
flamethrower, poison gas, Molotov cocktail, pipe bomb, and petroleum-soaked ammonium
nitrate.
The Criminal Law Article defines “firearm silencer” as a device that is designed for
silencing, muffling, or diminishing the report of a firearm. “Firearm silencer” includes a
combination of parts designed, redesigned, or intended for use in assembling or fabricating
a firearm silencer or muffler.
SB 600/ Page 2
Report on the Acquisition of Equipment by Law Enforcement Agencies
DSP, by February 1 each year, must report to the Governor and the General Assembly on
the acquisition of equipment by law enforcement agencies through surplus programs within
the preceding calendar year. DSP must include in a prominent location on its public website
a link to the Defense Logistics Agency’s report listing excess Department of Defense
(DOD) property transfers to law enforcement agencies through the Law Enforcement
Support Office.
Prohibition on the Procurement of Specified Military Equipment – Johns Hopkins University
Police Department
Chapter 25 of 2019, among other things, authorizes Johns Hopkins University to create a
police department and to set forth related requirements. If the university establishes a police
department, the police department may not acquire any military grade vehicles or military
grade hardware, including (1) an armored or weaponized aircraft, drone, or vehicle or
(2) a weapon designated as a Title II weapon under the National Firearms Act. Generally,
Title II weapons include machine guns, silencers, short barreled-rifles, short
barreled-shotguns, and destructive devices. In addition, the police department may not
accept any of the specified items from a program operated by the federal government for
the transfer of surplus military equipment to a law enforcement agency. However, if the
specified armored or weaponized vehicles are available for commercial sale in the State,
Johns Hopkins University, at its own expense, may purchase the items for the police
department.
The 1033 Program
The National Defense Authorization Act (NDAA) specifies the budget and expenditures
of DOD. The authorization bill determines the agencies responsible for defense, establishes
funding levels, and sets the policies under which money will be spent. In the NDAA for
federal fiscal 1990 and 1991, the U.S. Congress authorized the transfer, without charge, of
excess DOD personal property to federal and state agencies for use in counter-drug
activities. The U.S. Congress later passed the NDAA for federal fiscal 1997, in which
Section 1033 granted permanent authorization for all law enforcement agencies to acquire
property for bona fide law enforcement purposes, especially counter-drug and
counter-terrorism activities. The program is commonly referred to as the 1033 Program.
The program has allowed law enforcement agencies to acquire vehicles (land, air, and sea),
weapons, computer equipment, fingerprint equipment, night-vision equipment, radios and
televisions, first-aid equipment, tents and sleeping bags, and photographic equipment,
among other items.
SB 600/ Page 3
State/Local Fiscal Effect: General fund expenditures for the unit increase by a minimum
of $968,662 in fiscal 2022, which reflects the bill’s October 1, 2021 effective date, as
discussed below. Future year expenditures are annualized and reflect minimum ongoing
costs, under the assumptions discussed below.
Independent Investigative Unit
Although it is not possible to comprehensively predict potential caseload in advance,
according to a 2020 report from the Governor’s Office of Crime Prevention, Youth, and
Victim Services, in calendar 2019, there were a total of 31 civilian deaths involving a law
enforcement officer in Maryland. Of the 31 deaths, the Medical Examiner’s Office classified
18 as homicide by law enforcement, 5 as suicide, 7 as accidental, and 1 from overdose. All
18 homicides by law enforcement involved the fatal shooting of the individual. According
to the prior year’s report, in calendar 2018, there were a total of 31 cases of civilian deaths
involving law enforcement officers from 14 law enforcement agencies in Maryland. Of the
31 deaths, the Medical Examiner’s Office classified 14 as homicide by law enforcement, 7 as
suicide, 8 as accidental, 1 as from natural causes, and 1 from overdose. All 14 homicides by
law enforcement involved the fatal shooting of the individual.
OAG estimates that the bill necessitates 22 additional staff (3 chief/lead investigators,
12 administrators/investigators, 3 assistant attorneys general, 1 principal counsel, and
3 support related positions). General fund expenditures for OAG associated with these
positions are estimated at more than $2.4 million in fiscal 2022, increasing to more than
$3.0 million by fiscal 2026. However, because the bill authorizes the unit to detail one or
more police officers employed by DSP, OAG also advises that its estimated number of
investigators is reduced by the number of investigators it receives from DSP. OAG did not
provide additional details regarding how it derived its estimate.
DSP advises that its understanding is that DSP will have a significant role in the work of the
independent unit, and that DSP officers are expected to be specially detailed to the unit (as
authorized under the bill) to provide the primary staffing for the unit’s investigatory
responsibilities. DSP further notes that expenditures associated with its role in the
investigations depend on how the unit is ultimately used to meet its mandate to investigate
all alleged/potential police-involved deaths of civilians, and specifically the extent to which
local law enforcement agencies, who are required to cooperate in connection with the
investigations, remain involved. If local law enforcement is still allowed to participate in the
investigations (under the supervision/direction of the investigative unit), such as by
interviewing witnesses and processing evidence, the need for dedicated DSP staff is
mitigated, and DSP anticipates needing only five or six additional staff. However, if the
investigative unit is instead to solely assume all aspects of the investigations, with minimal
if any assistance from local law enforcement, then estimated expenditures are significantly
higher. In this scenario, DSP anticipates needing at least 24 new staff, which would include
SB 600/ Page 4
both sworn officers (18) to investigate the deaths as well as civilian staff (6) to further process
the crime scene and analyze evidence, at a cost of at least several million dollars annually.
This estimate would account for creating multiple units and deploying staff on a regional
basis, in part to allow for a more timely response when the need for investigations arises.
As noted above, if case trends remain consistent, approximately 30 cases annually will be
investigated. The Department of Legislative Services (DLS) notes that the relatively
limited case volume of applicable cases presents its own challenges from a budgetary and
administrative standpoint. For example, the unit (with the assumed assistance from
dedicated DSP staff) will be investigating cases statewide, and case trends each year, the
circumstances/complexity of the cases, and actual experience under the bill, as ultimately
implemented (i.e., the extent to which local law enforcement remains available for
assistance) will impact expenditures in a way that cannot be comprehensively estimated
beforehand. Furthermore, even though the local State’s Attorneys will remain responsible
for prosecuting any cases, OAG/DSP will still need to ensure that staffing resources are
sufficient so that unit personnel who participate in the investigations are available for any
resulting trials. If the unit is assumed to have the sole responsibility for investigating cases
(without assistance from local law enforcement), in some years, the unit may be
“overstaffed” for the resulting case volume, while in other years, resources may be
stretched. Although DLS is unable to independently verify the staffing estimates provided
by DSP and OAG, it agrees with the overall assessment that the cases to be investigated
under the bill are complex and require significant resources in order to ensure that cases
can be investigated appropriately.
Accordingly, for purposes of this fiscal and policy note, DLS advises that at a minimum,
the unit requires two attorneys (including one designated as the unit director),
five investigators (assumed to be employed by DSP), and a support/administrative
position, with associated expenditures for fiscal 2022 as shown below.
Office of the Attorney General
Positions 3.0
Salaries and Fringe Benefits $319,518
Operating Expenses 16,744
Minimum FY 2022 OAG Expenditures $336,262
Department of State Police
Positions 5.0
Salaries and Fringe Benefits $604,494
Operating Expenses 27,906
Minimum FY 2022 DSP Expenditures $632,400
SB 600/ Page 5
Future year expenditures reflect full salaries with annual increases and employee turnover
and minimal ongoing operating expenses, such as those associated with standard office
equipment, communications, and supplies. This estimate does not include expenditures for
any vehicles or related expenses that are necessary for the investigators and other OAG
staff to travel to locations for the investigation/prosecution of a law enforcement-involved
death. The estimate also does not include expenditures related to training.
As indicated above, this estimate assumes that while police-involved deaths are
investigated and managed by the newly created independent unit, significant assistance
from local law enforcement remains available. To the extent that the bill is instead
implemented to require the unit to function without meaningful assistance from local law
enforcement, general fund expenditures and personnel needs are significantly higher.
The provisions regarding the independent investigative unit are not anticipated to
materially affect local government operations or finances.
Surplus Military Equipment
DSP advises that federal regulations prohibit the transfer of weaponized vehicles to state
and local law enforcement agencies. DSP further advises that State and local law
enforcement agencies in Maryland do not currently acquire destructive devices, firearm
silencers, or grenade launchers from federal surplus programs. Accordingly, these
provisions of the bill are not anticipated to materially affect State or local government
expenditures.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Washington and Worcester counties; towns of Bel Air and
Leonardtown; Office of the Attorney General; Judiciary (Administrative Office of the
Courts); Office of the Public Defender; University System of Maryland; Morgan State
University; Department of General Services; Department of Natural Resources;
Department of Public Safety and Correctional Services; Department of State Police;
Maryland Department of Transportation; State Prosecutor’s Office; Governor’s Office of
Crime Prevention, Youth, and Victim Services; Department of Legislative Services
SB 600/ Page 6
Fiscal Note History: First Reader - February 3, 2021
an/lgc Third Reader - March 23, 2021
Revised - Amendment(s) - March 23, 2021
Enrolled - May 7, 2021
Revised - Amendment(s) - May 7, 2021
Analysis by: Jennifer K. Botts Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 600/ Page 7


Statutes affected:
Text - First - Office of the Attorney General – Investigation and Prosecution of Deaths Caused by Police Officers: 3-523 Public Safety, 3-201 Public Safety, 6-106.2 State Government, 3-201 State Government
Text - Third - Maryland Police Accountability Act of 2021 - Office of the State Prosecutor - Investigation and Prosecution of Deaths Caused by Police Officers: 3-523 Public Safety, 3-201 Public Safety, 6-106.2 State Government, 3-201 State Government
Text - Enrolled - Maryland Police Accountability Act of 2021 - Surplus Military Equipment and Investigation of Deaths Caused by Police Officers: 3-523 Public Safety, 3-201 Public Safety, 3-521 Public Safety, 21-257 Public Safety, 3-523 Public Safety, 3-201 Public Safety, 6-106.2 Public Safety, 3-201 Public Safety